II 

114TH CONGRESS 

1ST SESSION S. 1075 

To strengthen and extend the authorization of appropriations for the Carol 

M. White Physical Education Program and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 23, 2015 

Mrs. GILLIBRAND introduced the following bill; which was read twice and 

referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To strengthen and extend the authorization of appropriations 

for the Carol M. White Physical Education Program 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fitness Integrated Into 

5 Teaching Kids Act’’ or the ‘‘FIT Kids Act’’. 

6 SEC. 2. AMENDMENTS TO THE CAROL M. WHITE PHYSICAL 

7 EDUCATION PROGRAM. 

8 Subpart 10 of part D of title V of the Elementary 

9 and Secondary Education Act of 1965 (20 U.S.C. 7261 

10 et seq.) is amended to read as follows: 


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1 ‘‘Subpart 10—Physical Education 

2 ‘‘SEC. 5501. SHORT TITLE. 

3 ‘‘This subpart may be cited as the ‘Carol M. White 

4 Physical Education Program’. 

5 ‘‘SEC. 5502. PURPOSE. 

6 ‘‘The purpose of this subpart is to award grants to 

7 initiate, expand, and improve physical education programs 

8 for all kindergarten through 12th-grade students. 

9 ‘‘SEC. 5503. ALLOCATION OF FUNDS. 

10 ‘‘(a) GRANTS TO LOCAL EDUCATIONAL AGENCIES

11 AND COMMUNITY-BASED ORGANIZATIONS.—The Sec12 retary shall use the funds made available to carry out this 

13 subpart, except funds reserved under subsection (b) (if 

14 any), to support grants to local educational agencies and 

15 community-based organizations under section 5504. 

16 ‘‘(b) GRANTS TO STATES.—Of the funds appro17 priated to carry out this subpart for a fiscal year, the Sec18 retary shall reserve 25 percent of the amount by which 

19 such funds exceed $75,000,000 to award grants to States, 

20 on a competitive basis, in accordance with section 5505. 

21 ‘‘SEC. 5504. GRANTS TO LOCAL EDUCATIONAL AGENCIES 

22 AND COMMUNITY-BASED ORGANIZATIONS. 

23 ‘‘(a) AUTHORIZATION.—The Secretary is authorized 

24 to award grants to local educational agencies and commu25 nity-based organizations (such as Boys and Girls Clubs, 

26 Boy Scouts and Girl Scouts, and the Young Men’s ChrisVerDate Sep 11 2014 03:49 May 06, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1075.IS S1075

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1 tian Organization (YMCA) and Young Women’s Christian 

2 Organization (YWCA)) to pay the Federal share of the 

3 costs of initiating, expanding, and improving physical edu4 cation programs (including after-school programs) for kin5 dergarten through 12th-grade students by— 

6 ‘‘(1) providing equipment and support to enable 

7 students to participate actively in physical education 

8 activities; and 

9 ‘‘(2) providing funds for staff and teacher 

10 training and education. 

11 ‘‘(b) PROGRAM ELEMENTS.—A physical education 

12 program funded under this section may provide for one 

13 or more of the following: 

14 ‘‘(1) Fitness education and assessment to help 

15 students understand, improve, or maintain their 

16 physical well-being. 

17 ‘‘(2) Instruction in a variety of motor skills and 

18 physical activities designed to enhance the physical, 

19 mental, and social or emotional development of every 

20 student. 

21 ‘‘(3) Development of, and instruction in, cog22 nitive concepts about motor skill and physical fitness 

23 that support a lifelong healthy lifestyle. 


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1 ‘‘(4) Opportunities to develop positive social 

2 and cooperative skills through physical activity par3 ticipation. 

4 ‘‘(5) Instruction in healthy eating habits and 

5 good nutrition. 

6 ‘‘(6) Opportunities for professional development 

7 for teachers of physical education to stay abreast of 

8 the latest research, issues, and trends in the field of 

9 physical education. 

10 ‘‘(c) SPECIAL RULE.—For the purpose of this sec11 tion, extracurricular activities, such as team sports and 

12 Reserve Officers’ Training Corps (ROTC) program activi13 ties, shall not be considered as part of the curriculum of 

14 a physical education program assisted under this section. 

15 ‘‘(d) APPLICATIONS.— 

16 ‘‘(1) IN GENERAL.—Each local educational 

17 agency or community-based organization desiring a 

18 grant under this section shall submit to the Sec19 retary an application that contains a plan to initiate, 

20 expand, or improve physical education programs in 

21 order to make progress toward meeting State stand22 ards for physical education. 

23 ‘‘(2) PRIVATE SCHOOL AND HOME-SCHOOLED

24 STUDENTS.—An application for funds under this 


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1 section may provide for the participation, in the ac2 tivities funded under this section, of— 

3 ‘‘(A) students enrolled in private nonprofit 

4 elementary schools or secondary schools, and 

5 their parents and teachers; or 

6 ‘‘(B) home-schooled students, and their 

7 parents and teachers. 

8 ‘‘(e) ANNUAL REPORT TO THE SECRETARY.—In 

9 order to continue receiving funding after the first year of 

10 a multiyear grant under this section, the administrator of 

11 the grant for the local educational agency or community12 based organization shall submit to the Secretary an an13 nual report that— 

14 ‘‘(1) describes the activities conducted during 

15 the preceding year; and 

16 ‘‘(2) demonstrates that progress has been made 

17 toward meeting State standards for physical edu18 cation. 

19 ‘‘(f) ADMINISTRATIVE EXPENSES.—Not more than 5 

20 percent of the grant funds made available to a local edu21 cational agency or community-based organization under 

22 this section for any fiscal year may be used for administra23 tive expenses. 

24 ‘‘(g) FEDERAL SHARE.—The Federal share under 

25 this section may not exceed— 


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1 ‘‘(1) 90 percent of the total cost of a program 

2 for the first year for which the program receives as3 sistance under this section; and 

4 ‘‘(2) 75 percent of such cost for the second and 

5 each subsequent such year. 

6 ‘‘(h) PROPORTIONALITY.—To the extent practicable, 

7 the Secretary shall ensure that grants awarded under this 

8 section shall be equitably distributed among local edu9 cational agencies and community-based organizations 

10 serving urban and rural areas. 

11 ‘‘(i) REPORT TO CONGRESS.—Not later than 2 years 

12 after the Secretary awards the first grant under this sec13 tion, the Secretary shall submit a report to Congress 

14 that— 

15 ‘‘(1) describes the programs assisted under this 

16 section; 

17 ‘‘(2) documents the success of such programs in 

18 improving physical fitness; and 

19 ‘‘(3) makes such recommendations as the Sec20 retary determines appropriate for the continuation 

21 and improvement of the programs assisted under 

22 this section. 

23 ‘‘SEC. 5505. GRANTS TO STATES. 

24 ‘‘(a) AUTHORIZATION.—Subject to the availability of 

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1 ized to award grants to States to implement comprehen2 sive programs that address the purpose of this subpart. 

3 Such programs shall be based on— 

4 ‘‘(1) scientifically valid research, to the extent 

5 feasible; and 

6 ‘‘(2) an analysis of need that considers, at a 

7 minimum, the indicators in the State’s measurement 

8 system described in subsection (e). 

9 ‘‘(b) APPLICATION.—A State that desires to receive 

10 a grant under this section shall submit an application at 

11 such time, in such manner, and containing such informa12 tion as the Secretary may require. At a minimum, the ap13 plication shall include— 

14 ‘‘(1) an analysis of the needs of the schools and 

15 students in the State in the areas of physical activ16 ity, physical education, fitness, and nutrition, which 

17 shall include a description of, and data measuring, 

18 conditions of the State in the areas of physical activ19 ity, physical education, fitness, and nutrition; 

20 ‘‘(2) a plan for improving the physical activity, 

21 physical education, fitness, and nutrition of students 

22 in the State, which may be part of a broader state23 wide child and youth plan if the plan proposes to im24 plement activities responsive to the results of the 

25 needs analysis described in paragraph (1); and 


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1 ‘‘(3) a description of how the State will— 

2 ‘‘(A) develop, adopt, adapt, or implement 

3 the State’s measurement system described in 

4 subsection (e), and how the State will ensure 

5 that all local educational agencies and schools 

6 in the State participate in such system; 

7 ‘‘(B) ensure the quality and validity of the 

8 State’s procedures for collecting the data need9 ed to implement that measurement system; 

10 ‘‘(C) coordinate the proposed activities 

11 with other Federal and State programs, which 

12 may include programs to expand learning time 

13 and for before- and after-school programming; 

14 ‘‘(D) assist local educational agencies in 

15 aligning the activities such agencies carry out 

16 under this section with funds from other 

17 sources in order to support a coherent and non18 duplicative program; and 

19 ‘‘(E) solicit and approve applications for 

20 subgrants under subsection (g), including how 

21 the State will— 

22 ‘‘(i) consider the results of the anal23 ysis described in paragraph (1) in the 

24 State’s distribution of subgrants; and 


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1 ‘‘(ii) address the needs of diverse geo2 graphic areas in the State, including rural 

3 and urban communities. 

4 ‘‘(c) RESERVATION OF FUNDS.—A State that re5 ceives a grant under this section shall— 

6 ‘‘(1) reserve not more than 5 percent of the 

7 grant funds for administration of the program im8 plemented with such grant, technical assistance, pro9 fessional development of teachers, and the develop10 ment, improvement, and implementation of the 

11 State’s measurement system, as described in sub12 section (e); and 

13 ‘‘(2) use the remainder of grant funds to award 

14 subgrants, on a competitive basis, to eligible local 

15 applicants. 

16 ‘‘(d) STATE ACTIVITIES.—A State that receives a 

17 grant under this section shall— 

18 ‘‘(1) establish a statewide physical education re19 quirement that is consistent with widely recognized 

20 standards; 

21 ‘‘(2) not later than 1 year after receipt of the 

22 grant, develop, adapt, improve, or adopt and imple23 ment the statewide measurement system described in 

24 subsection (e) (unless the State can demonstrate, to 

25 the satisfaction of the Secretary, that an appropriate 


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1 system has already been implemented) that annually 

2 measures the progress of each local educational 

3 agency in the State on the measures described in 

4 that subsection; 

5 ‘‘(3) not later than 18 months after receipt of 

6 the grant and annually thereafter, provide a public 

7 report to local educational agencies in the State on 

8 the data collected in the State’s measurement sys9 tem described in subsection (e), in a timely and 

10 highly accessible manner, and in a manner that does 

11 not reveal personally identifiable information of stu12 dents; 

13 ‘‘(4) award subgrants, consistent with sub14 section (g), to eligible local applicants; 

15 ‘‘(5) use the results of the data collected in the 

16 measurement system described in subsection (e) to 

17 help subgrantees identify and address school and 

18 student needs; 

19 ‘‘(6) provide professional development that is 

20 directly related to the fields of physical education 

21 and health education to physical education teachers 

22 and health education teachers to help ensure that 

23 children are leading healthy, active lifestyles that are 

24 conducive to effective learning; and 


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1 ‘‘(7) monitor subgrants and provide technical 

2 assistance to subgrantees on the implementation of 

3 subgrant activities. 

4 ‘‘(e) MEASUREMENT SYSTEM.—Each State that re5 ceives a grant under this section shall establish a State 

6 reporting and information system that is, to the extent 

7 practicable, part of the State’s statewide longitudinal data 

8 system and with the State’s system for reporting the data 

9 required under section 1111 and that measures conditions 

10 at the local educational agency level related to physical 

11 fitness, physical education, student health, and nutrition, 

12 including information on— 

13 ‘‘(1) the amount of time students spend in re14 quired physical education and the amount of time 

15 they spend in moderate to vigorous physical activity; 

16 ‘‘(2) whether a local educational agency has a 

17 required, age-appropriate physical education cur18 riculum for all students that adheres to State stand19 ards and to national guidelines adopted by the Cen20 ters for Disease Control and Prevention; 

21 ‘‘(3) the number of physical education teachers 

22 employed by the local educational agency who are 

23 State-licensed or State-certified as physical edu24 cation teachers, and the number of physical edu25 cation teachers who are not so licensed or certified; 


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1 ‘‘(4) the number of schools operated by the 

2 local educational agency that have (and the number 

3 that do not have) a school health council that— 

4 ‘‘(A) includes parents, students, represent5 atives of the school food authority, representa6 tives of the school board, school administrators, 

7 and members of the public; and 

8 ‘‘(B) meets at least monthly to promote a 

9 healthy school environment; and 

10 ‘‘(5) the number of square feet of facilities 

11 (disaggregated by indoor and outdoor facilities) 

12 under the control or use of the agency that are pri13 marily used for physical education and the number 

14 of square feet (so disaggregated) that are primarily 

15 used for other physical activity. 

16 ‘‘(f) COMPILING STATISTICS.—In compiling the sta17 tistics required pursuant to subsection (e)— 

18 ‘‘(1) the State shall ensure use of uniform defi19 nitions and data collection procedures for all local 

20 educational agencies statewide; 

21 ‘‘(2) the State shall collect the data required 

22 under subsection (e) at least annually; and 

23 ‘‘(3) the State and its subgrantees shall use the 

24 data for planning and continuous improvement of 

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1 grantees may collect data for indicators that are lo2 cally defined, and that are not reported to the State, 

3 to meet local needs (so long as such indicators are 

4 aligned with the objectives of this section). 

5 ‘‘(g) SUBGRANTS TO ELIGIBLE LOCAL APPLI6 CANTS.— 

7 ‘‘(1) SUBGRANTS.—A State that receives a 

8 grant under this section shall award subgrants, on 

9 a competitive basis, to eligible local applicants— 

10 ‘‘(A) based on need, as identified by the 

11 State’s measurement system described in sub12 section (e); 

13 ‘‘(B) that are of sufficient size and scope 

14 to enable such applicants to carry out approved 

15 activities; and 

16 ‘‘(C) to implement programs that are com17 prehensive in nature and that promote physical 

18 activity, physical education, fitness, and nutri19 tion. 

20 ‘‘(2) APPLICATIONS.—An eligible local applicant 

21 that desires to receive a subgrant under this sub22 section shall submit to the State an application at 

23 such time, in such manner, and containing such in24 formation as the State may require. 


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1 ‘‘(3) PRIORITY.—In awarding subgrants under 

2 this subsection, a State shall give priority to applica3 tions that— 

4 ‘‘(A) demonstrate the greatest need ac5 cording to the results identified by the State’s 

6 measurement system described in subsection 

7 (e); and 

8 ‘‘(B) propose to serve schools with the 

9 highest concentrations of poverty, based on the 

10 percentage of students receiving or eligible to 

11 receive a free or reduced price lunch under the 

12 Richard B. Russell National School Lunch Act 

13 (42 U.S.C. 1751 et seq.). 

14 ‘‘(4) ACTIVITIES OF SUBGRANTEES.—Each re15 cipient of a subgrant under this subsection shall, for 

16 the duration of the subgrant— 

17 ‘‘(A) carry out programs to promote phys18 ical activity, physical education, fitness, and nu19 trition— 

20 ‘‘(i) the need for which has been iden21 tified through the State’s measurement 

22 system described in subsection (e); and 

23 ‘‘(ii) that are part of a comprehensive 

24 strategy or framework to address such 

25 need; 


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1 ‘‘(B) ensure that each framework, inter2 vention, or program selected to be implemented 

3 through the subgrant be based, if feasible, on 

4 scientifically valid research and be used for the 

5 purpose for which such framework, interven6 tion, or program was found to be effective; 

7 ‘‘(C) collect and report to the State edu8 cational agency data for schools served by the 

9 subgrantee, in a manner consistent with the 

10 State’s measurement system, described in sub11 section (e); 

12 ‘‘(D) establish policies to expand access to 

13 quality physical activity opportunities, including 

14 local school wellness policies consistent with the 

15 requirements of section 9A of the Richard B. 

16 Russell National School Lunch Act (42 U.S.C. 

17 1758b); and 

18 ‘‘(E) consider and accommodate the unique 

19 needs of students with disabilities and English 

20 learners in implementing activities. 

21 ‘‘(h) ANNUAL STATE REPORT.—Each State that re22 ceives a grant under this section shall prepare and submit 

23 an annual report to the Secretary on the use of funds 

24 under this section. 


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1 ‘‘SEC. 5506. SUPPLEMENT, NOT SUPPLANT. 

2 ‘‘Funds made available under this subpart shall be 

3 used to supplement, and not supplant, any other Federal, 

4 State, or local funds available for physical education ac5 tivities.’’. 

Æ 


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